Law Compliance Report - current edition - Report - Page 14
Sale and supply of prohibited products
The Amending Act inserts section 30A of the Act which
introduces an offence for the sale or supply of a prohibited
product.
A person sells a prohibited product in each of the following
circumstances:
a prohibited product is sold in the premises speci昀椀ed
in a retailer’s licence and the person is the holder of the
licence;
a prohibited product is sold in premises used for a sale
or supply business and the person:
is employed or engaged in the sale or supply business
and is present in the premises when the product is
sold; or
has charge or control of the premises, or of the sale or
supply business for which the premises is used; or
holds, alone or with others, a leasehold interest in the
premises; or
if no person holds a leasehold interest in the premises
—is registered, alone or with others, as the proprietor
of an estate in fee simple in the premises; or
is in occupation or possession of the premises, alone
or with others, whether or not by right.
Prohibited product means:
an illicit tobacco product (being a tobacco product
that contravenes a tobacco product requirement or
tobacco packaging requirement under the Act, or other
prescribed laws or requirements); or
a vaping product (which includes a vaping accessory,
vaping device, vaping substance, etc.); or
a product prescribed for the purposes of this de昀椀nition
by regulations made under section 126A of the Act.
Contravention of section 30A of the Act by a body
corporate attracts a maximum 昀椀ne of $3,000,000 for a 昀椀rst
offence, and a maximum 昀椀ne of $6,000,000 for a second
or subsequent offence.
Possession of prohibited products
The Amending Act also inserts section 30B to the Act
which introduces offences for the possession of a
prohibited product. The offence and resulting penalty
for contravention depends on the quantity that the
person possesses (personal use quantity, commercial
quantity, or large commercial quantity). The Amending
Regulations insert Regulation 57E into the Regulations,
which prescribes the quantities relating to the various
possession of prohibited product offences.
Possession of a quantity greater than the personal use
quantity prescribed by regulation 57E for that kind of
prohibited product (for example, possession of greater
than 50 cigarettes that are illicit tobacco products)
attracts a maximum 昀椀ne of $3,000,000 for a 昀椀rst offence
by a body corporate, and a maximum 昀椀ne of $6,000,000
for a second or subsequent offence by a body corporate.
Possession of a quantity equal to or greater than the
commercial quantity prescribed by regulation 57E for that
kind of prohibited product (for example, possession of
2,500 cigarettes that are illicit tobacco products, or more)
attracts a 昀椀ne of $10,500,000 for a body corporate.
Possession of a quantity equal to or greater than the large
commercial quantity prescribed by regulation 57E for that
kind of prohibited product (for example, possession of
25,000 cigarettes that are illicit tobacco products, or more)
attracts a 昀椀ne of $21,000,000 for a body corporate.
What you should do
Organisations should ensure that relevant staff are aware that there is now a prohibition on vaping products and implement
various controls to ensure that organisations do not display restricted products for sale.
Organisations should also have controls in place to ensure that it does sell or supply prohibited products or possess
prohibited products in excess of the personal use quantity.
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August 2026 Edition | Law Compliance Report
